“The Supreme Court just handed imperial power to Donald Trump on a silver platter,” the Biden campaign added in a statement on Tuesday entitled “All Hail The King”.

“Trump’s hand-picked justices empowered him to do exactly what he’s been saying he wants: to open up a Pandora’s box of revenge and retribution against his enemies.”

Trump, however, said the decision represented a “high-level spanking” to special counsel Jack Smith, who had charged Trump for trying to overthrow the results of the 2020 election. This led him to seek immunity from the Supreme Court, where three of the six conservative justices were appointed by his administration.

Trump lawyer’s immediately seized on the Supreme Court’s decision to challenge the Republican’s New York conviction, arguing that it confirmed Manhattan district attorney Alvin Bragg should not have been able to offer evidence at trial concerning Trump’s official acts as president.

While much of the hush money trial centred on a scheme to “catch-and-kill” damaging stories about Trump’s infidelity before the 2016 election, some evidence related to his time in the Oval Office.

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This included the cheques Trump signed to reimburse his fixer, Michael Cohen, who paid porn star Stormy Daniels $US130,000 to silence news of an affair she had with Trump in 2006. Evidence was also given by Trump aides relating to his time as president, including by his former communications staffer, Hope Hicks.

On Tuesday, in response to the request for a delay, prosecutors from Bragg’s office said they would not object to a slight delay to assess the issue – even though they did not believe it has merit.

“Although we believe the defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion,” Assistant District Attorney Joshua Steinglass wrote.